The Bail Bond Process Explained

If you are facing a criminal charge in Texas, it is important to understand the bail bond process. This can help you avoid spending any longer in jail.

Defendant’s Arrest

In Texas, the process of arresting a defendant and preparing him or her for trial starts with arraignment. At arraignment, the judge determines the amount of bail and sets conditions for its posting. If the defendant is a citizen of the state, the judge may also set conditions for release on personal recognizance (PR). PR release allows the defendant to remain free until his or her case is resolved by trial. Regardless of whether the judge sets PR or bond, the defendant should still appear in court as scheduled. This ensures that the prosecutor will not lose his or her case and also that the public will be safe from the defendant.

Posting Bail

If you or a loved one has been arrested in Texas, you will likely need to post bail in order to be released from jail. This can be done through cash, a surety bond, or a property bond. Whether you will be able to post bail will depend on your financial resources and the charges against you. There are some crimes and conditions in which a judge will deny bail, such as those involving capital murder or a previous felony conviction. A bail bond is the most common way to post bail in Texas, and it’s easy to understand how it works. In exchange for posting bail, a defendant or cosigner pays a non-refundable fee to a bondsman. If the defendant makes all of their court dates, the bail bondsman will get the money back from the courts. They will also return any collateral that the person put up as a bail bond. This can be anything from jewelry to vehicles.

Court Hearings

In Texas, court hearings are held before defendants are released from custody and have their charges resolved. The judge decides whether to set bail for the accused and if so, how much will be required to post. Bail is usually set based on the type of criminal offense charged and the defendant’s history in the criminal justice system. It also depends on the judge’s view of a defendant’s “flight risk.” The defendant can ask for a reduction in the amount required to post bail during a hearing. A defense lawyer can present evidence that supports this request. If the defendant fails to appear for court, their bail money is forfeited. This means the bond surety company may send bounty hunters to find them and bring them back to court. Defendants that have trouble navigating the bail bond process should seek a qualified attorney to help them. This could save them hundreds, if not thousands of dollars in bail fees.

Defendant’s Release

In Texas, a defendant can be released on bond (OR) prior to trial. The judge must decide whether to release the defendant and if so, what conditions of release he or she may be required to comply with. In many cases, the defendant’s release is based on a pretrial risk assessment. This assessment considers the defendant’s character, reliability, community ties and previous criminal record. A pretrial risk assessment helps a judge make the decision on whether to release the defendant and what conditions of release should be imposed. Pretrial services staff monitors defendants who are released on personal bond to ensure they make all court appearances and successfully comply with the terms of their release.